Committee Report No. __ s.
2017
Referred to: Committee on Laws, Rules, Ordinances, and Peace & Order
Committee on Social Welfare and Development
Subject: Barangay Ordinance entitled: An ordinance prohibiting childbirth home
deliveries in Barangay Tadiangan and imposing fines and penalties thereof
Date referred: May 30, 2017
Date submitted: June 27, 2017
FACTS AND OBSERVATIONS:
1. There is a national law governing child birth deliveries, specifically the Republic Act
10354 or The Responsible Parenthood and Reproductive Health Act of 2012;
2. In the said republic act, child birth deliveries are not prohibited. Guidelines were
provided, specifically in letter (z) of the said RA 10354, section 3. Guiding Principles for
Implementation: Skilled health professional refers to a midwife, doctor or nurse, who has
been educated and trained in the skills needed to manage normal and complicated
pregnancies, childbirth and the immediate postnatal period, and in the identification,
management and referral of complications in women and newborns.
3. The national law does not prohibit home-delivered childbirths, as the State recognizes
the rights of the mother in letter c, section 3. Guiding Principles for Implementation:
Since human resource is among the principal assets of the country, effective and quality
reproductive health care services must be given primacy to ensure maternal and child
health, the health of the unborn, safe delivery and birth of healthy children, and sound
replacement rate, in line with the States duty to promote the right to health, responsible
parenthood, social justice and full human development
4. The title of the ordinance is misleading as it seems like a blanket law: it does not qualify
the type of child birth, whether it was assisted or not by healthcare professionals;
5. It is better to set guidelines for home-assisted childbirth than penalize mothers and their
TBA (Traditional Birth Attendant / hilot). The Department of Health does not prohibit
such, as there is no basis to penalize, there being no national law to back such penalty;
6. In the law governing Civil registry, there is no prohibition that the hilot is not allowed
to register child birth, so long as the requirements are not met;
7. House Resolution 1531 of the 16th Congress was introduced by Representatives of
Gabriela, being alarmed by the ordinances passed by several LGUs in the country
banning home birth. Here are some of their concerns:
Recommendation:
Remand said ordinance and furnish the barangay with a copy of this committee report to
consider the above observations
(SGD)
Committee on Laws, Chairman Vice-Chairman
(SGD)
Member
